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Questions Answered by Robert Martin Daniels
2 Answers | Asked in Family Law, Child Custody and Child Support for California on
Q: Is it possible for my son’s father to get visitations removed?

I have full custody of my 7 year old son. Father has visitation Saturday and Sunday from 9am-12pm, mother is third party since there is a restraining order against him. Father tried modifying court orders that were established in 2020 in 2023 yet got denied. Now since June of 2023 the judge kept... View More

Robert Martin Daniels
Robert Martin Daniels
answered on Mar 26, 2024

If Father does not exercise the visitation he was granted, the Court can take it away. However, the court will go out of its way to do whatever it can to facilitate contact between Father and your son, unless there are some unusual circumstances (for example, abuse).

Child support is...
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2 Answers | Asked in Divorce and Family Law for California on
Q: What is the date used to calculate the home equity? Date of separation (September 2021) or at present time.

Since separation, I have diligently continued to pay the mortgage on the property, significantly reducing the balance owed. However, during recent discussions on asset division, I noticed that the house equity was calculated based on the latest balance, which differs by over $80,000 compared to the... View More

Robert Martin Daniels
Robert Martin Daniels
answered on Mar 25, 2024

Unless the court grants a motion to value the house at a different date, the court will take values and encumbrances as of the date of trial (or as close as possible). However, if you've paid down a community debt using your separate property (typically your paycheck after your separate), then... View More

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